Can the following hazardous materials (HazMat) be transported by company employees in a company vehicle on a public road (for business purposes, natch)?
A compressed gas meeting the defining criteria of 49 CFR 173.115 must comply with the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA when transported, or offered for transport, in commerce. However, there are some exceptions from full regulation for certain compressed gases. These potentially excepted compressed gases are identified at §173.307. (more…)
A question I received October 31, 2017 through the Contact me form on my website:
Subject: Domestic ground: small quantity exception 173.4 vs limited quantity
Hi Daniel,
I have found your website very helpful. I am wondering if you could expand on your discussion of the small quantity exceptions of 173.4 (https://danielstraining.com/what-is-the-small-quantity-exception-to-the-hmr/) and discuss how it compares with limited quantity. Especially within the United States, since FedEx (and I assume other carriers) does not charge a hazardous materials fee for limited quantity by ground. So, in that situation, which is preferable and why – 173.4 or limited?
Thank you for your consideration,
I was able to reply immediately:
Thank you for contacting me.
I will research your question and reply.
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And by November 1st I had an answer for him:
A hazardous material packaged as a limited quantity.
I will try to answer your question below. I will be able to provide more helpful information if you provide a more specific question.
The small quantity exception is for use only within the U.S. whereas the limited quantity exception is accepted in international transport.
The small quantity exception is for use only in transport by highway or rail whereas the limited quantity exception is available by all modes (highway, rail, air, vessel).
The small quantity exception is limited to a net quantity of 30 ml / 30 g for most HazMat and 1 g for others. The gross mass for a package of a small quantity must be no more than 29 kg. The net quantity limit for a limited quantity varies by HazMat but can be much higher. The gross mass for a limited quantity package is 30 kg.
The big advantage to the small quantity exception, if the above limitations can be met, is that besides the requirements of the exception the HazMat packaged as a small quantity is not subject to any of the Hazardous Materials Regulations of PHMSA/USDOT.
HazMat shipped as a limited quantity is excepted from a lot of the HMR – notably the need for specification packaging – but the following remain:
Limited quantity mark.
Orientation arrows if liquid.
Shipping paper, unless by ground.
HazMat labels and other package marks if by air.
While the small quantity is excepted from all of the HMR the limited quantity is not. Therefore, when shipping a small quantity only the personnel involved in its classification would require HazMat Employee training; those involved in the packing, loading, & transport will not require training. However, a limited quantity is not excepted from the training requirements and therefore all employees involved in its transport must receive HazMat Employee training.
I hope this helps.
Please contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Hi Daniel,
I appreciate the very informative response. Based on the key differences you mentioned, I have just started to implement small quantity exemption and have discovered many products that we previously shipped as limited quantity ground are eligible. Thank you!
Best regards,
A hazardous material packaged as a small quantity.
Conclusion:
I find this type of engagement very satisfying. Some person out there – not a customer – has a good level of knowledge about the Hazardous Materials Regulations but needed some guidance and I was there to provide it. In this situation it appears that my information will help this HazMat shipper to save money on shipping costs while maintaining HazMat transportation safety.
Daniel
First question
Do we need a USDOT security plan for aluminum phosphide pesticides (Division 6.1 Poisonous Substance) if transported in compliance with special permit 13307 since that eliminates the need to display placards on the vehicle?
Second question
Can I send you our shipping paper to make sure we are in compliance, and how much for your time?
I don’t expect this for free.
My reply that same day:
Please see below for your answers:
49 CFR 172.800(b)(9) indicates the safety and security plan – and therefore in-depth security training – is required for a person who ships a quantity of Division 4.3 that requires placards to be displayed on the vehicle. You can read about the Safety and Security Plan and the determination of applicability in this article: Safety and Security Plan and In-Depth Security Training
A question from somewhere in the U.S. (October 23, 2017):
Hi my name is <<name>>. I drive a box truck for work. We have two facilities. I transport materials back and forth. I carry minimum hazmat from time to time. What are the requirements for transporting say 6 car batteries. Or a very small bottle of compressed nitrogen?. Do they need to be boxed up with placard on packaging and the proper emergency contact info on the outside of the box and should I have a b.o.l. for transportation with ads sheets. If you can help me I’d be so grateful. I’ve been back and forth with my concerns to the company and they basically ignore me.
Sincerely
My reply that day:
I believe I can answer your question. Please see below:
It sounds like what you are describing is the transport of hazardous materials (HazMat) by a private motor carrier.
This type of transport is not subject to full USDOT regulation if transported according to the Materials of Trade Exception.
The cylinder of nitrogen is acceptable as long as its weight is no more than 100 kg.
Car batteries should be OK as long as each weighs no more than 30 kg.
Total HazMat on vehicle no more than 200 kg.
If in compliance with the above, only basic precautions need to be taken to secure the load, ID the HazMat, and inform the driver.
Also, the batteries alone may be transported under an exception from regulation found at 49 CFR 173.159(e) which is part of this article: Packaging Wet Batteries for Transportation
Interested in a Webinar that covers this topic, and more!
This article will explain the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA for the packaging and transport of lithium cells or batteries shipped for disposal or recycling.
The transportation in commerce of lithium cells or batteries is subject to myriad regulations, both domestic and international. However, within the HMR at 49 CFR 173.185(d) is an exception to full regulation for lithium cells or batteries when shipped for the purposes of disposal or recycling.
Before we begin…
Though brief – two sentences making one paragraph – the exception contains terms identified elsewhere in the HMR and references to other regulations as a condition of compliance. It will be helpful to identify some of these up front.
The testing and record keeping requirements of §173.185(a) are referenced as one of the reliefs offered by this exception. While the testing and record keeping are to be performed by the lithium cell or battery manufacturer, it is the responsibility of the shipper to ensure the data is available.
The exception requires the lithium cells or batteries to be packaged in a “strong outer packaging”. Definitions may vary but this could be something as simple as a sturdy cardboard box. More description of a strong outer packaging is provided later in this article.
The exception provides relief from the specification packaging requirements at §173.185(b)(3)(ii). A specification packaging is one designed, manufactured, tested, and marked to indicate it meets certain criteria established by the USDOT and/or the United Nations and will be able to withstand the conditions of transport.
The U.S. Environmental Protection Agency (USEPA) requires a person to manage the waste it generates – including lithium cells or batteries shipped for recycling or disposal – subject to the regulations of the Resource Conservation and Recovery Act (RCRA). Lithium cells or batteries to be shipped for recycling or disposal may be managed as a hazardous waste with the characteristic of reactivity (D003). Lithium cells or batteries to be shipped for recycling only may be managed as a universal waste.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The exception is valuable to shippers of lithium cells and batteries transported for disposal or recycling but it has its limits. Be certain your intended shipment falls within the scope and applicability of the exception. The limits of the exception identified here apply to all lithium cells or batteries subject to §173.185(d).
This particular exception is found only within the HMR of the USDOT/PHMSA. The Dangerous Goods Regulations of the International Air Transport Association (IATA) do not allow for the transport of lithium cells or batteries by air if shipped for the purpose of disposal or recycling. The Dangerous Goods Code of the International Maritime Organization (IMO) do allow for the transport of lithium cells or batteries by vessel for the purpose of disposal or recycling but not in the same manner as the USDOT/PHMSA.
The exception does not apply to lithium cells or batteries that are damaged, defective, or part of a recall. Those are subject to regulation under §173.185(f).
Both lithium cells and batteries are subject to this exception.
Both lithium ion (including lithium ion polymer) and lithium metal (including lithium alloy) cells and batteries are subject to this exception.
Of the three (3) possible configurations for shipping lithium cells and batteries, only two are subject to this exception:
Lithium cells or batteries shipped alone – subject to the exception.
Lithium cells or batteries contained in equipment – subject to the exception.
Lithium cells or batteries packed with equipment – not mentioned in §173.185(d) and therefore – I believe – not subject to the exception.
Mode of transportation must be by motor vehicle only. As noted earlier, the IATA Dangerous Goods Regulations do not allow for the transport of lithium cells or batteries by air for the purpose of disposal or recycling.
Lithium cell or battery must be transported to one of the following:
A facility for the purpose of recycling the lithium cells or batteries. A recycling facility is not required to have a permit though under USEPA’s regulations a waste generator is responsible for the final disposal of the lithium cells or batteries.
Conditions of the exception and the relief from the HMR:
The conditions of the exception and the relief it offers can be divided into two parts. These two parts will be considered separately.
Part 1 applies to all lithium cells or batteries shipped for disposal or recycling. It offers partial relief from the HMR if its conditions are met.
Part 2 applies solely to a lithium cell or battery subject to the part 1 conditions that also meets the size, packaging, and hazard communication conditions in §173.185(c)(1)-(3); in other words, a “smaller lithium battery”. Those lithium cells or batteries subject to part 2 of the exception are excepted from most requirements of the HMR.
Lithium cells or batteries must be packed in a “strong outer packaging”. For a detailed explanation of what USDOT/PHMSA means by a “strong outer packaging” refer to this article: What is a strong outer packaging? In brief, a strong outer packaging is:
…outermost enclosure…
…provides protection against release of contents…
…sturdy, durable…
…meets general packing requirements of §173, subpart B…
…need not comply with specification packaging requirements of §178…
Strong outer packagings? Sure!
The packaging must comply with the general packing requirements of §173.24 (General requirements for packagings and packages) and §173.24a (Additional general requirements for non-bulk packagings and packages). These are the same general packing requirements to be met by a “strong outer packaging”. This isn’t nearly as challenging as it may seem. The general packing requirements – though too long to list in their entirety here – are pretty basic. In brief they are:
No release of hazmat to the environment.
Effectiveness of packaging not reduced by transport.
No hazmat reside on outside of package.
May only use authorized packaging.
Packaging must be compatible with hazmat.
Characteristics of hazmat must be within specifications of packaging (if specification packaging is used).
More…
Though excepted from the specification packaging requirements of §173.185(b)(3) (see later in this article) the lithium cells or batteries must still comply with the following (LOI 15-0100 and LOI 14-0246):
§173.185(b)(1) which mandates compliance with the general packing requirements of §173, subpart B (again?!?)
§173.185(b)(2): lithium cells or batteries must be packaged in a manner to prevent all of the following:
Short circuits.
Movement within the outer package.
Accidental activation of the equipment.
§173.185(b)(3)(i) which requires lithium cells or batteries to be placed in non-metallic inner packagings that completely enclose the cells or batteries, and separate them from contact with equipment, other devices, or conductive materials (e.g. metal) in the package.
“…non-metallic inner packagings that completely enclose the cells or batteries…”? Sure!
Relief from the HMR (part 1):
The conditions of part 1 of the exception – if complied with – offer the following relief from full regulation:
The lithium cells or batteries are excepted from the testing and record keeping requirements of §173.185(a) which are explained in this article: General Requirements and Provisions for the Transportation of Lithium Batteries but you don’t need to read it. Just be glad that compliance with this paragraph means you don’t have to meet the testing and record keeping requirements for lithium cells or batteries.
The “strong outer packaging” (see earlier in this article) used to contain the lithium cells or batteries for shipment does not need to meet the specification packaging requirements of §173.185(b)(3).
Conditions of the exception and relief from the HMR (part 2):
A lithium cell or battery in compliance with all of the conditions of part 1 that also meets the requirements of §173.185(c) for its size, packaging, and hazard communication (otherwise known as a “smaller lithium cell or battery”) is not subject to any other requirements found in the HMR for the following:
Shipping papers
Package marks or markings
HazMat labels
Placards
Emergency information
HazMat Employee training
What is a “smaller lithium cell or battery”?
Status
Lithium Ion Battery
(Watt-hour (Wh) Rating)
Lithium Metal Battery
(Lithium Content (g))
Battery
Cell
Battery
Cell
Subject to "smaller battery exception"
Does not exceed 100 Wh
Does not exceed 20 Wh
Does not exceed 2 g
Does not exceed 1 g
Subject to full regulation
Exceeds 100 Wh
Exceeds 20 Wh
Exceeds 2 g
Exceeds 1 g
Subject to "smaller battery exception" by highway or rail
Does not exceed 300 Wh
Does not exceed 60 Wh
Does not exceed 25 g
Does not exceed 5 g
This lithium ion battery was removed from a lap top computer.
As a rule of thumb: most lithium cells or batteries used in consumer products meet the definition of a “smaller lithium cell or battery”.
For a complete description of the packaging and hazard communication requirements of §173.185(c) you’ll have to research it yourself or wait for a later article. The most restrictive requirement applicable to shipments of lithium cells or batteries for disposal or recycling is found at §173.185(c)(1)(vi) which limits the gross package weight to no more than 30 kg (66 lb) unless the lithium cells or batteries are contained in equipment.
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In sum:
That may seem like a lot – and it is! But if you’ll allow me to break it down into some common language and make a few generalizations you’ll see that this exception offers pretty good relief from full regulation without too much trouble.
Accumulate and ship lithium cells and batteries gathered from consumer devices.
Package each lithium cell or battery in a plastic sandwich bag.
Place each lithium cell or battery in a sturdy cardboard or plastic container purchased at a hardware store.
Maintain the gross package weight to no more than 30 kg (66 lb). For this reason it might be a good idea to limit the packaging to a volume of 5-gallons.
Use some common sense when filling and closing the packaging.
As you can see, the transport of lithium cells or batteries is not easy and is not likely to get any easier. If you ship lithium cells or batteries for any reason other than for recycling or disposal you will be subject to entirely different – and likely more strict – regulations. Be sure to carefully research the regulations and consult with an expert before you make a critical decision.
Frequently Asked Questions:
Q: May lithium ion cells and batteries and lithium metal cells and batteries be combined in the same package in compliance with §173.185(d)?
Q: May dry cell alkaline batteries and lithium cells and batteries be combined in the same package in compliance with 173.185(d)?
A: Yes, if the dry cell alkaline batteries meet all of the requirements of Special Provision 130(b) and are therefore no longer subject to the HMR, i.e. a non-hazardous material, when transported by highway. Note: there is an exception for used dry-cell alkaline batteries shipped for recycling or disposal at Special Provision 130(d). Used dry-cell alkaline batteries shipped subject to the exception at Special Provision 130(d) may not be combined in the same package with batteries of a different chemistry, i.e. lithium cells or batteries (LOI 09-0160).
Q: May batteries of a different chemistry, such as a lead-acid battery, and lithium cells and batteries be combined in the same package in compliance with §173.185(d)?
A: No. The scope and applicability of §173.185(d) is limited solely to lithium cells and batteries. Only non-hazardous materials (e.g. a used dry-cell alkaline battery in compliance with Special Provision 130(b)) may be combined with lithium cells and batteries in compliance with §173.185(d). Note: in all cases the shipper is required to ensure the materials combined in a package will not react violently or prove incompatible to the contents or the packaging.
Q: What’s the big deal about lithium cells and batteries?
A: Test data has shown that even while partially discharged, lithium cells and batteries pose a risk of evolving a dangerous quantity of heat while in transportation (LOI 09-0160).
Q: Can damaged, defective, or recalled lithium cells or batteries be transported in comliance with the HMR?
A: Yes, if done in compliance with §173.185(f).
Q: Is §173.185(d) my only option for shipping lithium cells or batteries for recycling or disposal?
A: No. §173.185(g) allows a shipper to obtain an approval from USDOT/PHMSA to ship lithium cells or batteries in a manner not prescribed by the HMR. A shipper also has the option to obtain a special permit to allow it to ship hazardous materials in a manner not prescribed by the HMR. Read: Special Permits, Exemptions, Approvals, and Exceptions to the Hazardous Materials Regulations
Hello,
Daniel we have an location a mile down the road that needs some raw material and are hazmat. Need to see if you can give some direction on the rules of small quantities 1gal and less shipping via company transfer.
My reply with prepared information:
I have written articles on this subject that explain it in more detail. Please see below.
If you prepare for transportation or transport hazardous materials in an Intermediate Bulk Container (IBC), you may be just as confused as I am (or was!) regarding the proper display of the required hazard communication methods. The answering of customer’s questions and the writing of this article forced me to look hard at the PHMSA/USDOT Hazardous Materials Regulations (HMR) and to arrive at an answer. Five of them, actually. In this article I will identify all of the options available to a shipper of HazMat in IBCs for the display of HazMat labels, markings, and placards. I will do this in three sections:
Dispense some preliminary information necessary for complete understanding.
Identify the applicable regulations and their meaning.
Relying on the preliminary information and referring to the applicable regulations, identify five options for display of the required hazard communication methods on IBCs
At the bottom of this article I have embedded a Power Point presentation which summarizes the information presented and illustrates the five options explained herein. Please refer to it as a complement to this article and not a replacement for it.
Before we Begin:
An IBC is defined at 49 CFR 171.8:
Intermediate bulk container or IBC means a rigid or flexible portable packaging, other than a cylinder or portable tank, which is designed for mechanical handling. Standards for IBCs manufactured in the United States are set forth in subparts N and O of part 178 of this subchapter.
To sum up:
An IBC can take many forms, “…rigid or flexible…”. It could be a plastic bladder in a metal cage mounted to a pallet. It could be a nylon or plastic sack. It could be a metal or plastic rigid packaging.
It is not a cylinder for a compressed gas nor is it a portable tank, which is usually much bigger. Both of which are defined in §171.8.
It is designed to be handled by mechanical equipment and not a person or persons. This eliminates most smaller packagings though the IBC is not specifically defined as a bulk packaging as is a cargo tank or portable tank. As a practical matter, every IBC I have ever encountered has been a bulk packaging. For the purposes of this article, we will assume an IBC to be a bulk packaging.
Standards for IBCs are set forth in subparts N and O of 49 CFR 178. This differentiates an IBC from a large packaging or a flexible bulk container (standards set forth in subparts P/Q and R/S, respectively). This is important since these three different types of packagings may appear very similar.
The average volume of an IBC is 275 – 330 gallons. This is important because many of the requirements for HazMat labels, markings, and placards depend upon the volume of the bulk packaging or IBC.
A Summary of the Applicable Hazard Communication Regulations of 49 CFR 172
Subpart D Marking:
§172.301(a)(1): A non-bulk packaging must display the identification number and proper shipping name. There is no requirement to display this marking more than once. As of January 1, 2017 there is a minimum size requirement for the identification number marking on a non-bulk packaging.
§172.302(a)(1): A bulk packaging with a capacity of ≥3,785 L (1,000 gallons) must display the identification number – not the proper shipping name – on all four sides.
§172.302(a)(2): A bulk packaging with a capacity of <3,785 L (1,000 gallons) must display the identification number on two opposing sides.
§172.336(d): A bulk packaging that displays HazMat labels instead of placards according to §172.514(c), may display the identification number in the same manner as a non-bulk packaging at §172.301(a)(1) instead of the identification number marking as it is normally required to be displayed on a bulk packaging.
§172.332: When required on a bulk packaging, the identification number marking must be displayed with one of the following methods:
On the placard.
On an orange panel near the placard.
On a white square-on-point configuration near the placard.
Subpart E Labeling:
§172.400(a)(1): A non-bulk package must display the applicable HazMat label.
§172.400(a)(2): A bulk packaging with a capacity of <18 m3 (640 ft3) must display the applicable HazMat label unless it is placarded according to subpart F. The requirement to label bulk packagings of this capacity does not apply to a cargo tank, portable tank, or tank car.
§172.406(a)(1)(ii): HazMat label – if displayed – must be on the same surface of the package and near the proper shipping name marking.
§172.406(a)(2): Except as provided in paragraph (e) of this section, use of more than one HazMat label on a package is not required.
§172.406(e): Generally, only one of each different required label must be displayed on a package.
§172.406(e)(6): Duplicate labels must be displayed on at least two sides of an IBC with a capacity of ≥1.8 m3 (64 ft3).
Subpart F Placarding:
§172.504(a): Except as otherwise provided, a bulk packaging containing any hazardous material must display the applicable placard on all four sides.
§172.514(c): An IBC may display placards on two opposing sides or it may display HazMat labels according to subpart E.
§172.514(c)(4): An IBC displaying HazMat labels in accordance with subpart E may display the identification number in the same manner as a non-bulk packaging at §172.301(a)(1) instead of the identification number marking as it is normally required to be displayed on a bulk packaging.
Options for labeling, marking, and placarding Intermediate Bulk Containers
Option 1:
An option available to all bulk packagings – and the most burdensome – is to display placards and identification number on all four sides of the bulk packaging. The identification number must be displayed on or near the placard.
Display placards on all four sides of a bulk packaging per §172.504(a).
The display of the identification number marking on all fours sides is required for a bulk packaging of ≥1,000 gallons at §172.302(a)(1) and is an option for a bulk packaging with a capacity of <1,000 gallons.
Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.
Option 2:
A small revision to option 1 is to display placards on all four sides of the IBC and, if the capacity is below the threshold amount, to display the identification number marking on two opposing sides.
Display placards on all four sides of a bulk packaging per §172.504(a).
Display the identification number marking on two opposing sides per §172.302(a)(2) for a bulk packaging with a capacity of <1,000 gallons.
Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.
Option 3:
Both option 1 and 2 are available for most bulk packagings. With option 3 we arrive at one specifically designed to ease the regulatory burden for those who ship HazMat in IBCs. Option 3 allows for the display of placards on two opposing sides of the IBC along with the identification number marking if the capacity of the IBC is below the threshold amount.
Display placards on two opposing sides of the IBC per §172.514(c).
Display the identification number marking on two opposing sides per §172.302(a)(2) for a bulk packaging with a capacity of <1,000 gallons.
Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.
Option 4:
Option 4 continues the progression of relaxing the regulatory responsibilities specifically for the use of IBCs as a packaging for HazMat. Option 4 allows for the display of HazMat labels on two opposing sides of an IBC with a capacity of ≥1.8 m3 (64 ft3). If taking advantage of this option the shipper may also display the proper shipping name and identification number marking near the HazMat label on one side of the IBC in the same manner as if it was a non-bulk packaging.
For a bulk packaging with a capacity of <18 m3 (640 ft3), either display HazMat labels or placards according to subpart F per §172.400(a)(2).
Display HazMat labels on the IBC as directed by subpart E per §172.514(c).
According to §172.406(a)(2) and §172.406(e), display of more than one HazMat label on a package is not required.
Display HazMat labels on two opposing sides of an IBC with a capacity of ≥1.8 m3 (64 ft3) per §172.406(e)(6).
Display the proper shipping name and identification number marking in the same manner as a non-bulk packaging as is described at §172.301(a)(1) per §172.514(c)(4).
Option 5:
I saved the best option for last. A shipper of hazardous materials in an IBC may display a HazMat label on one side of an IBC with a capacity of <1.8 m3 (64 ft3). Remember: the capacity of a typical IBC is 275 – 330 gallons (330 gallons = 1.25 m3 = 44 ft3). If taking advantage of this option the shipper may also display the proper shipping name and identification number marking near the HazMat label on one side of the IBC in the same manner as if it was a non-bulk packaging.
For a bulk packaging with a capacity of <18 m3 (640 ft3), either display HazMat labels or placards according to subpart F per §172.400(a)(2).
Display HazMat labels on the IBC as directed by subpart E per §172.514(c).
According to §172.406(a)(2) and §172.406(e), display of more than one HazMat label on a package is generally not required.
Display HazMat labels on one side of an IBC with a capacity of <1.8 m3 (64 ft3) per §172.406(e)(6).
Display the proper shipping name and identification number marking in the same manner as a non-bulk packaging as is described at §172.301(a)(1) per §172.514(c)(4).
If you are uncertain about the option to display the proper shipping name and identification number marking on the IBC per §172.301(a)(1) as if it was a non-bulk packaging, so was I! Please refer to this PHMSA letter of interpretation issued in response to my query (LOI 15-0120) for confirmation that this option complies with the HMR. Please note the reference in the letter to §172.302(b)(2) isn’t an error. That particular citation was removed from the HMR during an update that took place after the date of the letter’s posting. It was replaced with §172.301(a)(1).
Here’s that Power Point embed I referred to at the beginning of this article. Remember, use it as an illustration to further explain the five options explained in this article.
That – I believe – is it. I’ve scoured the Hazardous Materials Regulations and cannot find any other options for the display of HazMat labels, markings, and placards on an Intermediate Bulk Container. Have you? Please let me know if you have, I’d love to add another option to this article. In truth, it’s option 5 that is the most important to shippers of hazardous materials in an IBC: no placards; no identification number marking on an orange panel, or on the placard, or on a white square-on-point; just a HazMat label and proper shipping name and identification number marking displayed on one side just as if it was a non-bulk packaging.
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Interested in more information about shipping HazMat in IBCs?
Most of the questions I receive come from industry. A few from government. And a few like this one on July 28, 2016:
Hi Daniel,
I am working on a small study and we will be collecting stool samples from subjects. Subjects will receive directly at their home the kit which includes a small tube pre-filled with 5mL of ethanol. They will be asked to add sample to the pre-filled tube, put it back in the kit and send it via courier to our lab facility.
Researchers sending the kit to subjects have all training for shipping hazardous materials and shipping materials meet the IATA and DOT regulation.
The question I have is regarding patient shipping the kit back to the lab. What regulation applies to this part?
My initial reply later that day:
I will research that and get you an answer soon.
And here is my answer a long time later on October 8, 2016 (I’ve been working on my response times!):
I apologize for my delay in responding. Hopefully my answer can still be of some use to you. Please see below.
The samples may not be subject to regulation as a Division 6.2 Infectious Substance if they meet the criteria of 49 CFR 173.134(b)(11):
(11) A human or animal sample (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for routine testing not related to the diagnosis of an infectious disease, such as for drug/alcohol testing, cholesterol testing, blood glucose level testing, prostate specific antibody testing, testing to monitor kidney or liver function, or pregnancy testing, or for tests for diagnosis of non-infectious diseases, such as cancer biopsies, and for which there is a low probability the sample is infectious.
The ethanol may be subject to the Excepted Quantity exception due to its volume. If shipped as an Excepted Quantity, only a few of the DOT Hazardous Material Regulations apply (see 49 CFR 173.4a).
If shipped as a fully regulated hazardous material, then the shipment returned to you by the patient is subject to regulations since it is being done for a business and is therefore “in commerce”.
However, DOT regulations (more research will be required but I think IATA regulates it the same way) allow for more than one shipper for a HazMat. Each shipper is responsible for the aspect of offering a HazMat for transportation that it performs. In other words, the patient/customer is subject to the regulations for what they do and you are subject for what you do. In that case, it is best for you to do as much as possible for the customer, e.g. shipping papers, packaging, labels, markings, directions to complete, &etc. You then, are responsible for these aspects. The customer is left only to package the HazMat and make final preparation for shipment. This should be done only according to directions you provide.
In sum, I suggest you determine if what you intend to ship is excepted from regulation. If so, its transportation should be easy. If subject to full regulation, then provide as much information and resources as possible in order to make its return to you simple.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
And that must have done it because they didn’t contact me with any other questions.
Whatever it is you need to offer for transportation and no matter how you wish to have it transported, the Hazardous Material Regulations of the PHMSA/USDOT have an option for you. Perhaps you will have to ship it fully-regulated. Perhaps an exception is available. What’s important is that you research the HMR to ensure you are offering your HazMat for transportation in compliance with all regulations.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
People find me in google searches – it happens! – and when they do they fire away with questions. Like this one August 5, 2016:
I saw your web page and the invite to contact you with questions about the transportation of hazardous materials. My questions involve the shipping of used medical devices.
Example 1. A used biopsy sampling gun from a hospital being returned to the manufacturer for failure investigation.
Example 2. A used medical machine which collects urine which is being returned to the manufacturer for:
a) Reconditioning and return to same hospital or,
b) Disposal if broken.
Example 3. A used medical ultrasonic machine which comes in contact with various patients skin which is being returned to the manufacturer for reconditioning and return to same hospital.
Example 4. A used catheter being used for personal home healthcare being returned to the manufacturer for failure investigation.
It may be precautionary assumed that recondition / reusable devices being returned from a healthcare facility came in contact with bodily liquids from floors or sprays from patients.
It is also assumed that these liquids are Category B infectious substance.
What are the suggestions for each Example:
Shipping Name
Inner Packaging Material and Markings
Outer Packaging Material and Markings
Acceptable types of transportation (i.e. personal cars, company sales cars, licensed carriers, etc)
Also can any regulated hazardous material be shipped to any off-site storage facility while awaiting decision dispositions?
Thank you very much Daniel.
I was impressed – and a little intimidated – by the depth of his questioning:
Yow! That’s a lot. I’ll do my best to answer your questions in the next several days.
And several weeks later, I did (9.26.16):
I will do my best to answer your questions below. I apologize for my delay.
All of what you describe meets the definition of a Used Health Care Product at 49 CFR 173.134(a)(8).
There is an exception from regulation as a hazardous material for used health care products at 49 CFR 173.134(b)(12)(ii). Per this exception, a used health care product is not subject to USDOT regulations if the following conditions are met:
UHCP are drained of all free liquids.
UHCP are placed in a water-tight primary container.
Primary container is puncture-proof if required by UHCP.
BioHazard marking is displayed on primary container.
Primary container is placed in water-tight secondary container.
BioHazard marking is displayed on secondary container.
Secondary container is placed in outer packaging.
Sufficient cushioning is used to prevent movement of secondary container within outer packaging.
An itemized list of contents of secondary container and information regarding possible contamination with Division 6.2 infectious substance is placed between the secondary container and the outer packaging.
If packaged as summarized above (and explained in detail at 49 CFR 173.134(b)(12)(ii)), no other requirements of the USDOT Hazardous Material Regulations apply.
Shipping name: None.
Inner packaging material and markings: see above.
Outer packaging material and markings: see above.
Acceptable transportation: Any. If the above is complied with, UHCP is not subject to USDOT regulation as a hazardous material.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Can any regulated HazMat be shipped to any off-site storage facility while awaiting decision dispositions? I may need more information from you to understand exactly what you are asking but the short answer is yes. USDOT does not regulate where a HazMat goes to. Only that the Shipper is responsible to offer it to a transporter who then must transport it to its destination.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
